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By November 2000, interracial marriage had been legal in every state for more than three decades thanks to the U. Supreme Court's ruling in (1967) -- but the Alabama State Constitution still contained an unenforceable ban in Section 102: The Alabama State Legislature stubbornly clung to the old language as a symbolic statement of the state's views on interracial marriage; as recently as 1998, House leaders successfully killed attempts to remove Section 102.
Massachusetts becomes the second state to repeal its anti-miscegenation law, further cementing the distinction between Northern and Southern states on slavery and civil rights. The punishment of each offending person, whether white or black, is the same."More than a century later, opponents of same-sex marriage will resurrect the same argument in claiming that heterosexual-only marriage laws don't discriminate on the basis of sex since they technically punish men and women on equal terms. While most anti-miscegenation laws primarily targeted interracial marriages between whites and African Americans or whites and American Indians, the climate of anti-Asian xenophobia that defined the early decades of the 20th century meant that Asian Americans were also targeted. Traces of anti-Asian immigration law remained until the passage of the Immigration and Nationality Act of 1965, though some Republican politicians, most famously Michele Bachmann, have suggested a return to the earlier racial quota standard. Coleman Blease (D-SC), a Ku Klux Klan supporter who had previously served as South Carolina's governor, makes a third and final serious attempt to revise the U. Constitution in order to ban interracial marriage in every state. "Any negro man and white woman, or any white man and negro woman, who are not married to each other, who shall habitually live in and occupy in the nighttime the same room shall each be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars.""There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.
The original 1705 ban, the third such law following those of Maryland and Virginia, prohibited both marriage and sexual relations between people of color (specifically, African Americans and American Indians) and whites. "That intermarriage between negroes or persons of color and Caucasians or any other character of persons within the United States or any territory under their jurisdiction, is forever prohibited; and the term 'negro or person of color,' as here employed, shall be held to mean any and all persons of African descent or having any trace of African or negro blood."Later theories of physical anthropology will suggest that every human being has some African ancestry, which could have rendered this amendment unenforceable had it passed. In this case, the Cable Act retroactively stripped the citizenship of any U. citizen who married "an alien ineligible for citizenship," which -- under the racial quota system of the time -- primarily meant Asian Americans. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy ..."The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men ...
and one other third part to the use of the parish ... Equality of protection under the laws implies not only accessibility by each one, whatever his race, on the same terms with others to the courts of the country for the security of his person and property, but that in the administration of criminal justice he shall not be subjected, for the same offense, to any greater or different punishment ..."The defect in the argument of counsel consists in his assumption that any discrimination is made by the laws of Alabama in the punishment provided for the offense for which the plaintiff in error was indicted when committed by a person of the African race and when committed by a white person ...
and the other third part to the informer, and that such bastard child be bound out as a servant by the said Church wardens until he or she shall attain the age of thirty yeares, and in case such English woman that shall have such bastard child be a servant, she shall be sold by the said church wardens (after her time is expired that she ought by law serve her master), for five years, and the money she shall be sold for divided as if before appointed, and the child to serve as aforesaid."Leaders in Maryland's colonial government liked this idea so much that they implemented a similar policy a year later. Supreme Court unanimously rules that state-level bans on interracial marriage do not violate the Fourteenth Amendment of the U. Section 4189 applies the same punishment to both offenders, the white and the black.
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